Legal Question in Wills and Trusts in Minnesota

my friend's mom just passed away a week ago. He wants to know how he can get into his mom's bank accounts and pay for the mortgage? She has $71,000 left on the home, they will not be selling the home, because he lives there as well.

How can he do this without having to hire an attorney? She did not leave a will. He would also have to close her bank account and get the money trnasferred to him, and cancel her car insurance and get her vehicle and the home in his name.

Is there a quicker/simpler way of doing this? Is it really going to take 7-9 months just to go through the probate courts, so he can get appointed administrator? Please help.

Thank you

Asked on 3/25/13, 3:08 pm

1 Answer from Attorneys

I highly advise consulting a probate attorney about this issue. Your friend cannot simply assume the mortgage and pay for the house on his own. Most banks will not simply allow ownership to change without some prior approval. If you friend wants to keep the house, car, bank account, etc., he may very well have to go through probate court to get approval. It depends upon a variety of factors such as the overall value of his mother's estate, the number of interested parties involved, etc. 7-9 months is a little bit on the long end to be appointed administrator. Most cases it takes 4 months, but 7-9 months is not unheard of. Seek a probate attorney in greater detail with your friend's case. I practice in probate law and would be willing to sit down and talk with your friend.

Andy Thompson

Attorney at Law

(651) 698-2181

[email protected]

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Answered on 3/26/13, 12:11 pm

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